| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 76/08 |
| Hearing date | 13 May 2008 |
| Determination date | 29 May 2008 |
| Member | P R Stapp |
| Representation | M Gunderson ; T Cleary |
| Location | New Plymouth |
| Parties | New Zealand Meat Workers and Related Trades Union Incorporated - Hawera Sub Branch v PPCS Ltd |
| Summary | DISPUTE - Interpretation of collective employment agreement (CEA) - CEA provided for annual leave in accordance with Holidays Act 2003 - “Additional” week of annual leave for employees with long service - Whether employees entitled to five weeks leave after amendments to Holidays Act 2003 came into force - Clause mentioned fourth week was separate from first three weeks of holiday and able to be exchanged for pay - Applying approach in Tramways (cited below), fourth week intended as enhancement of old minimum entitlement - No express provision for additional entitlement beyond new minimum entitlement of four weeks - Further, plain meaning of clause capped entitlement at four weeks - Final matter of relevance was provision that allowed enhanced entitlement to be cashed up - No reason to conclude employees entitled to fifth weeks holiday |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s3;Holidays Act 2003 s6(1);Holidays Act 2003 s6(2);Holidays Act 2003 s6(3) |
| Cases Cited | Lyttelton Engineering Limited v New Zealand Engineering, Printing and Manufacturing Union Inc and Manufacturing and Construction Workers Union unreported, P Cheyne, 26 September 2007, CA 116/07;New Zealand Dairy Workers Union v Fonterra Brands (Tiptop) Limited unreported, R Monaghan, 20 June 2007, AA 185/07;New Zealand Tramways etc Union Inc & Anor v Transportation Auckland Limited and Cityline (New Zealand) Limited [2006] 1 ERNZ 1005 |
| Number of Pages | 7 |
| PDF File Link: | wa 76_08.pdf [pdf 40 KB] |